<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2021 (4) TMI 1389 - KARNATAKA HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=458249</link>
    <description>Where issuance of cheques, the underlying transaction, dishonour, and statutory notice are admitted, the presumption under Section 139 of the Negotiable Instruments Act operates in favour of the complainant. A bare assertion that the cheques were issued only as security, without credible rebuttal material such as a written agreement or other convincing evidence, is insufficient to displace that presumption. Parallel civil proceedings do not negate criminal liability for dishonoured cheques. On that reasoning, the ingredients of Section 138 were treated as satisfied and the acquittal was liable to be set aside.</description>
    <language>en-us</language>
    <pubDate>Wed, 07 Apr 2021 00:00:00 +0530</pubDate>
    <lastBuildDate>Thu, 17 Oct 2024 20:13:53 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=773872" rel="self" type="application/rss+xml"/>
    <item>
      <title>2021 (4) TMI 1389 - KARNATAKA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=458249</link>
      <description>Where issuance of cheques, the underlying transaction, dishonour, and statutory notice are admitted, the presumption under Section 139 of the Negotiable Instruments Act operates in favour of the complainant. A bare assertion that the cheques were issued only as security, without credible rebuttal material such as a written agreement or other convincing evidence, is insufficient to displace that presumption. Parallel civil proceedings do not negate criminal liability for dishonoured cheques. On that reasoning, the ingredients of Section 138 were treated as satisfied and the acquittal was liable to be set aside.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Wed, 07 Apr 2021 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=458249</guid>
    </item>
  </channel>
</rss>